Sushil Kumar Sanghai v. The Bombay Mercantile Co-Op. Bank Ltd. And 4 ORS.

ARBP62_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.62 OF 2018 (Sushil Kumar Sanghai Vs. The Bombay Mercantile Co-op. Bank Limited and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Shakeeb Shaikh and Ms Huda Diamondwala i/b. Diamondwala & Co. for Petitioner.

Ms Kanchan Chavan i/b. Ms Puja J. Acharekar for Respondent No.1.

CORAM : R. G. KETKAR, J.

DATE : 3RD JULY, 2019 P.C.:

Heard Mr. Shaikh, learned Counsel for the petitioner and Ms Chavan, learned Counsel for the respondent No.1.

2.

By this Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'Act'), the petitioner has challenged the Award dated 10.09.2004 made by the Sole Arbitrator Mr. S. A. Merchant in Arbitration Case No.ARB/BMCB/SAM/38/2003. By that Award, the Arbitral Tribunal directed the petitioner who was respondent No.2 and others to jointly and severally pay to the first respondent bank, a sum of Rs.3,12,345/- as on 31.03.2003 together with interest @ 17% p.a. from 01.04.2003 till the payment as also a sum of Rs.2,700/- towards arbitration fees and a sum of Rs.2,000/- towards 1/2

ARBP62_18.doc the administrative cost.

3.

Mr. Shaikh states that petitioner is present in the Court. He has tendered photocopy of Driving Licence of the petitioner, which is taken on record and marked 'X' for identification. On instructions, he seeks permission to withdraw the Arbitration Petition. The petitioner also confirms that he wishes to withdraw the Arbitration Petition.

4.

In view thereof, on the motion made by Mr. Shaikh, Petition is allowed to be withdrawn and is dismissed as withdrawn. Refund of Court fees as permissible in law. (R. G. KETKAR, J.) Minal Parab 2/2